What’s the Level of Wildlife Officers’ Search Authority?

July 30, 2015

Question: Do California Department of Fish and Wildlife (CDFW) wardens have the authority to search a sportsperson’s truck, boat, cooler, etc. without a warrant or probable cause? If so, how would an abalone check point (for example) not be a blatant violation of the Fourth Amendment of the constitution? I’m all for stopping poachers, but not at the cost of violating what makes our country so special. Thanks. (John McClellan)

Answer: In the hunting and fishing context, wildlife officers are authorized to conduct compliance inspections that would likely require warrants or probable cause in other contexts. Hunting and fishing are highly regulated activities. The fish and wildlife belong to the people of the state and not to any individual. Many states, including California, recognize this and have enacted statutes to allow Wildlife Officers to conduct regulatory inspections when interacting with those who are engaged in hunting and fishing activities. Some of these include:

1.   Authorization to inspect boats, buildings other than dwellings, and containers that may contain fish or wildlife (Fish and Game Code, section 1006)

2.   Authorization to “enter and examine any…place of business where fish or other fishery products are packed, preserved, manufactured, bought or sold, or to board any fishing boat…or vehicle or receptacle containing fish…and may examine any books and records containing any account of fish caught, bought, canned, packed, stored or sold.” (Fish and Game Code, section 7702)

Also, people are required to exhibit upon the demand of a wildlife officer all licenses, tags, wildlife, and any device or apparatus designed to be, and capable of being, used to take wildlife (Fish and Game Code, section 2012)

The courts have consistently upheld these inspection authorities. As for check points, CDFW has used check points for the past 25 years as a focused and effective means of educating resource users and deterring violations of our wildlife laws. In a state as vast as California with a population of over 38 million people and with a staff of only 400 sworn officers, CDFW needs to ensure that the funds and manpower resources we have are put to the most efficient use possible. Conducting checkpoints allows us to contact thousands of people who are using our public trust resources with a handful of officers. For those who are not using our public trust resources, the check points provide us an opportunity to educate them about our state’s wildlife resources and our role in protecting those resources. The courts have established minimum standards that must be followed when we conduct checkpoints, but just like DUI checkpoints, wildlife checkpoints have been upheld by the courts.

Extremely broad. They can't come in your house without a warrant. Pretty much everything else is allowed.

Let's talk about this ad nauseum. I don't think we've covered their wide-ranging search authority before!   

Let's talk about this ad nauseum. I don't think we've covered their wide-ranging search authority before!   

You first.

 

Thread closed.  No admin rights so it will not let me close it.  Still open. 

I'll ad nauseum it.

TC last year.
Diving done.
Abs on the tailgate.
F&G approached and looked at the abs.
Any fish or abs in your truck?
Nope.
Mind if we look?
Yea I mind. You're gonna fuck up all my packing.
They looked. Found nothing.
Fucked up all my packing.

They find at least a box of ammo under my seats everytime they check mine. #paystogetchecked